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MEMORANDUM OPINION No. 04-09-00597-CR Xavier AVES, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-5521 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: April 21, 2010 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant Xavier Aves filed a motion to dismiss this appeal and for expedited issuance of the mandate. The motion to dismiss is granted, and the appeal is dismissed. See TEX . R. APP . P. 42.2(a). We order the clerk of this court to immediately issue the mandate. See TEX . R. APP . P. 18.1(c).

PER CURIAM Do Not Publish